ITO NON CORPORATE WARD 3(1), CHENNAI vs. AHMED, CHENNAI

PDF · subscribers
ITA 2440/CHNY/2017Status: DisposedITAT Chennai06 February 2020AY 2014-153 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue solely on the grounds of low tax effect, as per CBDT Circular No. 17/2019. No comments were made on the merits of the case.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect involved in the appeal was below Rs. 50 lacs. The assessee sought an adjournment.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed limit should be dismissed based on CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI RAMIT KOCHARAND SHRI DUVVURU R.L.REDDY

Hearing: 06.02.2020

आदेश / O R D E R

PER RAMIT KOCHAR, Accountant Member:

1.

This appeal filed by Revenue is disposed of because tax effect is less than Rs.50 lacs in this appeal as per CBDT Circular No.17/2019 (F.No. 279/Misc.142/2007-ITJ (Pt)) dated 08th August, 2019 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India,amending Para No.3 and 5 of the CBDT Circular No.3 of 2018 dated 11.07.2018 and its subsequent amendment dated 20.08.2018.

2.

The learned counsel for the assessee moved adjournment application but The Ld. DRfairly submitted that tax effect involved in this appeals filed by Revenue is less than Rs.50lacs and the appeals is covered by CBDT circular No.17/2019 dated 08.08.2019 being a low tax effect appeals filed by Revenue. It is also explained by learned DR that this appeal filed by Revenue is also not hit by any of exceptions carved out in aforesaid CBDT circular. The adjournment application filed by learned counsel for the assessee is hereby rejected as it is Revenue’s appeal who want to withdraw their appeal owing to low tax effect.

3.

The tax effect inthis appeal filed by Revenueis undisputedly below Rs.50 lacs and thus keeping in view CBDT Circular No.17/2019 (F.No.279/Misc.142/2007-ITJ (Pt)) dated 08th August, 2019 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, amending Para No.3 and 5 of the CBDT Circular No.3 of 2018 dated 11.07.2018 and its subsequent amendment dated 20.08.2018, we are inclined to dismiss thisappeal filed by Revenue due to low tax effect involved inthis appeal which is below Rs.50 lacs. While disposing of this appeal filed by Revenue due to low tax effect vide aforesaid CBDT Circular No.17/2019 dated 08.08.2019, we clarify that we have not commented on merits of the issue(s) inthisappeal.However, at the same time we are granting liberty to Revenue that if at any stage Revenue wants to agitate the matter/issue(s) in this appealin accordance with the clauses/exceptions as are contained in the afore-stated CBDT circular number 17/2019 dated 08.08.2018 read with CBDT circular No 3/2018 dated 11.07.2018 as modified on 20.08.2018, the Revenue is hereby granted liberty to file miscellaneous application praying for recall of this orderaccordingly. We order accordingly.

4.

In result, theappealfiled by Revenue in 2014-15 standdismissed owing to low tax effect as indicated above. Order pronounced in the open court on 06.02.2020.

Recent GST High Court judgments

Search GST case law →